GLOSSARY OF KEY TERMS raises awareness of key issues in order to influence policy and decision-making. In recent decades, such organizations have been successful in shaping global policy through advocacy campaigns and mobilization of people and resources. Common law: The common law originates in English law. It is distinct from civil law, which has its roots in the Roman Empire. It is a system of legal concepts and techniques that form the basis of the law in common law jurisdictions. The common law has traditionally derived primarily from judicial decisions, rather than statutes or conventions, though in contemporary jurisdictions the extent of this general characteristic varies a great deal. Most common law systems are “dualist.” Consolidation phase: Occurs after the institution is set up and has carried out its basic functions and programming. There are few predictable activities that can be cited as common needs of NHRIs at this phase. Each institution will present unique challenges and while there may be some trends in terms of common issues, the lack of uniformity means that evaluative activities are critical to this phase. Rather, the objectives are to take stock, take corrective action as required, and to enhance the institution’s efforts to promote and protect human rights based on capacity assessments and programme evaluations. During the consolidation phase, the UNCT will be in a position to assess whether the NHRIs work is progressing properly and whether to recommend a change in direction. UNCT staff should support NHRIs in making decisions about how to manage projects and to optimize the chances of success and should avoid second-guessing the NHRIs’ leadership or substituting UN opinion for that of the NHRI leadership. Convention: The general meaning of “convention” is an international agreement. “Conventional law”, is a term used to distinguish it from the other sources of international law, such as customary law or the general principles of international law. The generic term “convention” thus is synonymous with the generic term “treaty”. Unlike declarations, Conventions are legally binding for governments that have signed them. When the UN General Assembly adopts a convention, it creates international norms and standards. Once a convention is adopted by the UN General Assembly, Member States can then ratify the convention, promising to uphold it. Governments that violate the standards set forth in a convention can then be censured by the UN. Convention on the Protection and Promotion of the Diversity of Cultural Expressions (the “UNESCO Convention”): Adopted by the UNESCO General Conference on 20 October 2005. It addresses the need to take cultural diversity into account in national and international development policies. It expresses cultural diversity not only through the varied ways in which the cultural heritage of humanity is expressed, augmented and transmitted, but also through diverse modes of artistic creation, production, dissemination, distribution and enjoyment, whatever the means and technologies used. The UNESCO Convention also acknowledges and addresses the tension that sometimes exists between culture and human rights. Convention on the Rights of the Child (CRC): Also known as the Children’s Convention, the CRC sets forth a full spectrum of civil, cultural, economic, social, and political rights for children. It was adopted in 1989. Core protection issues: Core protection issues raise a degree of urgency and are linked to core rights. The OHCHR especially supports NHRIs regarding core protection issues, which are central to the very rationale of NHRIs. They include investigating human rights violations and handling complaints, especially as regards the prevention of torture and degrading treatment, arbitrary detention, disappearances and the protection of human rights defenders, are fundamental to what NHRIs do. In addition, NHRIs have a critical watchdog role in reviewing conditions in detention facilities, and should have the right to visit facilities unannounced and request private interviews with detainees. Core protection mandate: While the protection mandate of NHRIs – in the general sense of that term - extends equally to all human rights, be they civil, political, economic, social or cultural in nature, the core protection mandate deals with a narrower group of rights associated with civil and political rights of an urgent nature. The OHCHR especially supports NHRIs regarding their core protection mandate, such as the prevention of torture and degrading treatment, summary executions, arbitrary detention and disappearances, and protection of human rights defenders. In carrying out its core protection mandate, NHRIs should be especially sensitive to the impact of rights violations in these areas as regards vulnerable groups. xiii

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